Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-03-21

That section 3 OF said act De, ana TIE
same is hereby, amended SO as to read rs
follows:
Sec. 8. That whenever any party en-
titled to remove suy suit mentioned in
the next preceding section, except In
such cases as are provided for in the last
clause of said section, my desire TO re-
move such suit from q state court to the
circuit court OF the United States. he
may make and file petition in such suit
in such state court at the time, or
any time before the defendant Is required
by the laws of the state or the rule OF the
state court in which such suit is brought
to answer or plead to tue declaration or
complaint of the plaintiff for the re
moval Of such suit into the circuit court
to be held in the district where such
suit is pending, and shall make
snd file herewith a bond, with good
and sufficientisurety for his or their en-
tering in such circuit court, on the first
! day of it's then next session, q copy OF
the record in such suit, and for paying all
costs that may be awarded by
the said circuit court if said
court shall hold that such suit
was wrongfully or improperly re-
moved thereto, and also for their appear
ing and entering special bail in such suit
| if special bail was originally requisite
therein. IL shall then be the duty of the
state court to accept said petition and
bond, and proceed no further in such suit
and the said copy being entered as afore-
said in said circuit court of the United
States, the cause shall then proceed in the
same manner, as if it had been originally
commenced in the said circuit court; and
ii in any action commenced in a state
court the title of land be concerned, land the
parties are citizens of the same
state, and the matter in dispute
exceed the sum or value of
$4,000, exclusive of interest and costs,
the sum or value being made to appear,
one or more of the plaintiffs or defend
ants, before the trial, may state to the
court, and make affidavit if the court re-
quire it, that he or they claim and shall
rely upon a right or title to the land unGer
q grant from state, and produce the
original grant, or en- eXemplitiCatiOn Of it,
eXceT where the loss of public records
shall put it out of his or their power, and
shall move that any one or more of the
adverse party inform the court whether
he or they claim a right or title to the
land under q grant from some other state,
the party or parties so required shall give
such Information, or otherwise not be al
lowed to plead such grant or give it in
evidence upon the trial: and if ne or they
inform that he or they do claim under
suCh grant, any one or more of the party
moving for such information may then,
On petition and bond, as herein before
mentioned IN this act, remove the cause
for trial to the circuit court of the United
States next to be holden in such district;
and any one of either party removing the
cause shall not be allowed to plead or
give evidence of any other title than that
by him or them stated as aforesaid as the
ground of his or their claim.
Sec 2 That whenever in any cause
pending in any court of the United States
there shall be @ receiver or manager in
possession of any property such receiver
or manager shall manage and operate such
property according TO the requirements
of tle valid laws of the state in which
such property shall be situated in the
same manner the owner or possessor
thereof would be bound to do if IN pos
session thereof. Any receiver or man
ager who shall Willfully violate the pro-
visions of this section shall be deemed
guilty of misdemeanOr, and shall on
conviction thereof be punished by q fine
rot exceeding $4,000, or by Imprisonment
not exceeding one year, or by both said
punishmeuts, in the discretion of the
court.
Sec. 3. That every receiver or manager
of any property appointed by any court
of the United States may be sued IN res.
pect of any act or transaction of his in
carrying on the business connected with
such property without the previous leave
# the court in which such receiver or
manager was appointed; but such suit
shall be subject TO the general equity ju-
risdiction of the court in which such re
ceiver or manager was appointed, SO far
as the same shall be necessary to the
ends Of justice.
Sec. That all national banking asso-
Citations established under the laws of
the United States shall, for the purposes
of all actions by or against them, real,
p rsonal or mixed, and all suits in equity,
be deemed citizens of the states in which
they are respectively located; and In such
cases the circuit and district courts
shall not have Jurisdiction other than
such as they would have in cases be-
tween individual citizens OF the same
state.
The provisions Of this section shall not
be held to affect the jurisdiction of the
courts of the United States in cases com
meUced by the United States or by di-
rection of any officer thereof, or cases for
winding up the affairs OF any such bank.
Sec 5 That nothing in this act shall
be held, deemed or construed to repeal or
affect any jurisdiction or right mentioned
either in sections 64I, or GAP, or 643, or
1872, or in title "a of the Revised
Statutes of the United States, or men
toned in section 8 of the act of Congrt SIS
of which this act is an amendment, or in
the act of Congress approved March l,
1875, entitled San act to protect all citi-
zens in their civil or legal rights"
Sec. 6. That the last paragraph of Sec
tion of the act of Congress, approved
March 8, 1875, entitled "An act to deter
mine the jurisdiction of circuit -ceures OF
the United States, and to regulate the re-
moval of causes from state courts, and
for other PURPOSES" and section $40 Of
the Revised Statutes, and all laws and
parts of laws in conflict with the proVis-
ions of this act be and the same are here
by repealed; provided, that this act shall
not affect the jurisdiction over or dispo-
sltiOn Of any suit removed from the court
Of any state. or suit commenced in any